Chapter 15Juvenile Justice System

The Juvenile Justice System

When first created was viewed as quasi-social welfare agency

Parens patriae – system acts as a surrogate parent in the interests of

the child

Critic argue that the juvenile justice system is outdated and should

be focused on punishment.

The History of Juvenile Justice

Separating juveniles from adults can be traced back to two

developments in English custom and law:

The development of poor laws – 1535 English passed statutes

called Poor Laws that mandated appointment of overseers to

place neglected children with families

The chancery court – concerned primarily with protecting property

rights and welfare of more affluent minor children who could not

care for themselves

The History of Juvenile Justice (cont.)

Care of Children in Early America

Youth who committed serious crime were treated as adults

Almshouses, poorhouses, workhouses

Child savers began developing organizations to help alleviate the

burdens of the poor

The History of Juvenile Justice (cont.)

The Child-Saving Movement

Created programs for indigent youths

New York House of Refuge

Boston House of Reformation

Children’s Aid Society

The History of Juvenile Justice (cont.)

1899 First comprehensive juvenile court created in Illinois

Best interest of child

Paternalistic rather than adversarial

Probation department to monitor youths in the community

Reform Schools

Juvenile Justice Today

Has jurisdiction over two categories of offenders

Delinquents – violate the law, commit an offense in violation of

penal code

Status offenders – truants and habitually disobedient

PINS – Persons in Need of Supervision

CHINS – Children in Need of Supervision

Juvenile Justice Today (cont.)

States have set different maximum ages below which children fall

under the jurisdiction of the juvenile court

Some states exclude certain classes of offenders or offenses

Those that commit serious violent offenses may be automatically

excluded

Creation of Family Courts

Police Processing of the Juvenile Offender

According to UCR, police arrest more than 1.5 million juveniles under

age 18 each year

Most police departments have separate juvenile detectives

Most police may arrest for status offenses

Police Processing of the Juvenile Offender (cont.)

Use of Discretion

Decision to release or detain and refer to juvenile court

Decision based on offense, police attitudes, and child’s social and

personal conditions

Factors significant to police decision making

Type and seriousness of child’s offense

Ability of parents to be of assistance in disciplining child

Child’s past contacts with police

Degree of cooperation

Denial of offense

Police Processing of the Juvenile Offender (cont.)

Legal Rights

Same Fourth Amendment rights as adults

Afforded greater Fifth Amendment protection

The Juvenile Court Process

Juvenile court plays major role in controlling juvenile behavior and

delivering social services to children

Juvenile cases increased between 1960 – 1995

Since 1995 number has declined reflecting the overall decline in

crime rate

The Juvenile Court Process (cont.)

The Intake Process

Court officers screen child to determine if needs to be handled

formally or whether the case can be settled without formal

intervention

Opportunity to place child in a community program

More than half of referrals to juvenile courts never go beyond this

stage

Police Processing of the Juvenile Offender (cont.)

The Detention Process

Juvenile Justice Act of 1974

Use of detention increased 41% between 1985 and 2000.

Majority of those detained are white

Disproportionate number of African-Americans detained before

trial

The Juvenile Court Process (cont.)

Detention Process (cont.)

Detention hearing required in most states

Right to counsel

Procedural due process rights

Criteria to support a decision to detain

Need to protect the child

Is child a danger to the public

Likelihood juvenile will return to court for adjudication

The Juvenile Court Process (cont.)

Reforming Detention

Remove status offenders from lockups

Detention of youths in adult jails

OJJDP Grants

The Juvenile Court Process (cont.)

Bail

Federal courts have not ruled on juvenile’s constitutional right to

bail

Relatively few states use monetary bail

Release of child to parent viewed as an acceptable substitute

The Juvenile Court Process (cont.)

Plea Bargaining

Exists for the same reasons as in adult courts

When child makes admission, courts require the following

procedural safeguards

Child knows of the right to a trial

Plea or admission is voluntary

Child understands the charges and consequences

The Juvenile Court Process (cont.)

Waiver of Jurisdiction

Most jurisdictions provide by statute a waiver of offenders to the

criminal courts

Factors considered are the child’s age and nature of the offense

Some states allow waivers only in felony cases

The Juvenile Court Process (cont.)

Waiver of jurisdiction (cont.)

Kent v. United States (1966) – Court held that at the waiver

proceeding juveniles must be afforded minimum requirements of

due process of law, including right to counsel.

Breed v. Jones (1975) – Court held that prosecution of juveniles

as adults in California Superior Court violated the double jeopardy

clause of Fifth Amendment.

The Juvenile Court Process (cont.)

Waiver of jurisdiction (cont.)

Concurrent jurisdiction

Excluded offenses

Judicial waiver

Reverse Waiver

Effect of the Waiver

The Juvenile Court Process (cont.)

The Trial

Initial appearance – similar to arraignment in adult court

Fact-finding hearing

In re Gault (1967)

Notice of the charges

Right to counsel

Right to confront and cross-examine witnesses

Privilege against self-incrimination

Right to transcript of trial record

The Juvenile Court Process (cont.)

Disposition and Treatment

Juvenile court judge imposes a sentence on the juvenile offender

based on offense, prior record, and family background.

Bifurcated hearing process

Typical juvenile court dispositions

Suspended judgment

Probation

Placement in a community treatment program

Commitment to the state agency responsible for juvenile

institutional care

The Juvenile Court Process (cont.)

Juvenile Sentencing Reform

Push for harsher sentences

Mandatory and determinate incarceration sentences

Effort to remove status offenders from juvenile justice system

Effort to standardize dispositions in juvenile courts

The Juvenile Correctional Process

Probation

Most common sentence for juveniles

Place under supervision in the community

General conditions of supervision, control and rehabilitative

conditions

The Juvenile Correctional Process (cont.)

Deinstitutionalization

Large institutions too costly

Small residential facilities

Public support for community-based programs still exists in some

areas

The Juvenile Correctional Process (cont.)

Aftercare

Help youths make the transition from residential or institutional

settings

Parole

Procedural protections in probation and parole revocations

The Juvenile Correctional Process (cont.)

Preventing Delinquency

Designed to intervene before delinquent acts

In past was responsibility of treatment oriented agencies

Today community treatment involves combination of juvenile

justice and treatment agencies

Fast Track Program

CAR/CASASTART Program